Scintilla – a flash, a spark, an iota. Shorthand for creativity and an indicator of inventiveness under Australian law.

Thursday, January 14, 2016

RPL Central to fight on

by Anthony Selleck 

In our post from the end of last year, we reported the Full Federal Court's decision in RPL Central v Commissioner of Patents and noted that it was open to the patentee to apply for special leave to appeal the decision to the High Court of Australia. We can now report that the patentee has done exactly that. The patentee will need to convince a Justice of the High Court that the case involves a question of law of public importance before it will be granted leave to appeal. We will be closely watching the case in the coming weeks to determine the outcome of the High Court's decision.